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State v. Graves

Court of Appeals of Ohio, Eighth District

July 3, 2013

STATE OF OHIO PLAINTIFF-APPELLEE
v.
TIMOTHY GRAVES DEFENDANT-APPELLANT

Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-545970

ATTORNEY FOR APPELLANT Thomas A. Rein Leader Building, Suite.

ATTORNEYS FOR APPELLEE Timothy J. McGinty Cuyahoga County Prosecutor, Katherine Mullin James M. Price Joseph J. Ricotta Assistant County Prosecutors The Justice Center

BEFORE: Boyle, P.J., Celebrezze, J., and Jones, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, PRESIDING JUDGE.

{¶1} Defendant-appellant, Timothy Graves, appeals his sentence raising the following three assignments of error:

I. The trial court erred by ordering appellant to pay costs.
II. The fine imposed at the sentencing hearing infringes upon appellant's rights under the Eighth and Fourteenth Amendments to the United States Constitution, R.C. 2929.18, R.C. 2929.19(B), R.C. 2947.14, and related sections of the Ohio Constitution.
III. Appellant's sentence as to the fine is contrary to law and an abuse of discretion as it was not properly imposed.

{¶2} Finding some merit to the appeal, we reverse the sentence in part and remand for a limited sentencing hearing as set forth in this opinion.

Procedural History and Facts

{¶3} Graves pleaded guilty to a single count of receiving stolen property, a violation of R.C. 2913.51(A), a felony of the fifth degree. At his sentencing hearing, the trial court imposed the following sentence:

All right. Well, the purposes and principles of felony sentencing in this State are to protect the public and punish the offender. In this case, as I stated, there is mandatory community control. Therefore, the court finds that you are to serve a term of 18 months of community control, under basic supervision. I will order community work service of 40 hours; random drug testing; notify on the first positive or dilute specimen; obtain/maintain ...

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